Queensland Nitrates Pty Ltd

Case

[2025] FWCA 2975

3 SEPTEMBER 2025


[2025] FWCA 2975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Nitrates Pty Ltd

(AG2025/2900)

QUEENSLAND NITRATES PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries

COMMISSIONER HUNT

BRISBANE, 3 SEPTEMBER 2025

Application for approval of the Queensland Nitrates Pty Ltd Enterprise Agreement 2025

  1. Queensland Nitrates Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Queensland Nitrates Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

  1. The Agreement’s workplace delegates’ rights term is less favourable than the delegates’ rights term in the Manufacturing and Associated Industries and Occupations Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the Agreement’s delegates’ rights term has no effect, and the delegates’ rights term prescribed by the Award is attached to the Agreement and taken to be a term of it.

  1. I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU.


  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2025. The nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

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